Allahabad High Court
Shiv Murat Paswan vs State Of U.P. on 9 August, 2010
Author: B.N. Shukla
Bench: B.N. Shukla
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20968 of 2010 Petitioner :- Shiv Murat Paswan Respondent :- State Of U.P. Petitioner Counsel :- Ashish Kumar Nagvanshi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that co-accused Babloo alias Raj Kumar Paswan and the applicant are not named in the FIR and there is only last seen evidence against the applicant. The applicant is in jail since 30.3.2010.
Learned A.G.A. has contended that the applicant was also involved in committing murder of the deceased and there is last seen evidence.
Perused the bail order of co-accused. Case of the applicant stands on same footing. The applicant is not named in the FIR.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail.
Let the applicant Shiv Murat Paswan involved in case crime no. 53 of 2010, under section 302/201 IPC, P.S. Saiyadraja, District Chandauli be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 9.8.2010 Masarrat